Malegaon: The two accused in the 2006 Malegaon bomb blast case on Wednesday filed an application before the designated MCOCA court in Mumbai seeking discharge from the case in view of the latest chargesheet filed by the National Investigation Agency (NIA).
Both Mohamed Ali Shaikh and Asif Bashir Shaikh who are also facing charges in the 7/11 Mumbai local train blast case, in their application pointed out various contradictions in the chargesheet filed by earlier investigating agencies ATS, CBI and NIA which had finally probe the case.
The application was filed by Adv Abdul Wahab Khan and Adv Shahid Nadeem Ansari on behalf of the accused through Jamiat Ulama e Maharashtra (Arshad Madani) which providing free legal aid to accused.
Designated judge Y D shinde after perusing the plea adjourned the further hearing till June 29.
In their application, the accused contended that they were falsely implicated in the case and the confessional statement which is being used as the evidence against them were disbelieved by the NIA.
They said the NIA reached to the conclusion that the said confession was obtained under duress and the same were not the voluntary statements of the accused .
The court was also told that the supplementary charge sheet filed by the investigation agency NIA prima facie disclosed that the statements of all the witnesses recorded by ATS under section 161 of Cr.pc and under 164 of Cr.pc were obtained by compelling the witnesses under threat, duress, coercion and compulsion.
"This is totally false evidence collected by ATS to implicate the present applicants", they said.
It was also submitted that the fundamental rule of evidence was that the material which cannot be translated into evidence, at trial stage, cannot be considered and looked into, at the stage of granting bail or discharging accused person.
The application was filed by Adv Abdul Wahab Khan and Adv Shahid Nadeem Ansari on behalf of the accused through Jamiat Ulama e Maharashtra (Arshad Madani) which providing free legal aid to accused.
The court had earlier granted bail to seven accused facing the Malegaon Blast charges after the NIA submitted its primary report in November 2011.
"These seven accused are likely to file similar plea shortly", said Adv Ansari while talking to ummid.com.
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